Abilene Reporter-News from Abilene, Texas • 4

iiirvTr Texas Midwest 4A Abilene Reporter-New Saturday Sept 6 1996 Inmates asked not testify in prisoner shooting case With Activation Through Southwestern Bell Mobile Systems AurivrJxi Apcnt Grand jury exonerates guard apparently without hearing side ofthe story By the Associated Press Seven inmates challenged a state prison account of how he killed a prisoner but a Jones County grand jury exonerated the guard without hearing their version according to a published repent The inmates disputed the account that the inmate was trying to escape from the French Robertson Unit at Abilene They also said he had his hands raised when the guard shot him in the forehead The inmates were not eailad to testify although they had witnessed the shooting and had filed grievances claiming that the incident didn't occur as the guard Maimed The Dallas Morning News reported Friday in a copyright story The grand jury decided the corrections officer violated no laws in killing Daniel Miguel Avellaneda Avellaneda 21 a migrant worker who spoke little English and had a history of mental Qlxress had served about half of his three-year sentence in an assault case District Attorney Jack Willingham and District Judge Quay Ruker would not discuss the grand jury action the newspaper repented Prison officials said no inmates testified because the grand jury request them Pack Mall '4102 BiAlo Gap Ri Cmitnads Shcpprg Ct (915)695-7690 7W Radiology Pack Mail Cellular UlaiACf (915) 695-1565 the association of Kjisfi 9AJD Associate qf Abilene ift la pleased to announce (Dr (Frederick i- 1: Jury sentences Levelland man preconceived notions attached to his client because to was black Holder rebutting earlier arguments by Hockley County District Attorney Gary Goff that race was not an issue in the case said violent crime wears black in America mostly because of unfounded popular perceptions you think that race is a part of this if you dent want to believe that you go right he said "But been there from the start to the Two blade jurors served on the panel of 12 that sentenced Fitts Holder argued that his actions were impulsive rather than planned as others implicated in the case had implied He told jurors that after serving 40 years Fitts would have "time Specializing in Neuroradiology Interventional and Diagnostic Radiology Dr Kish come to AMene tom the University of Utah Heath Sciences Center in Sat Lake Cty Utah whan he completed a Mowship in neuroradiology He cocipMsd undergraduate wocfcstlteUniwrity ei Wssouri with rasidancy program a Medical University of South Caroina addition to gomlradialogy to heapedalyconvelant in Vw interpretation of neuroradtotogical examinations indurfing: MRICTcfegnosfc angiography myelography spins biopsies and candid duplex breging TheMowship alio provided axlansive toad and neck imaging ejqjerience Theresidsncy program provided Dr Kash wthAngto-MsrvantionaleiqMrienca Dr Kadi and hit wfeBita have two daughters Natafie 5 and Nicolai Frad eryjyi pending his fima rearing to hii daughters and read tips with his family Please join us in welcoming Dr Kash and his family to Abilene 401 Cypn Suits 1 10 Abilene Tens 79604 A i a i4 i Authorities say officer Neal Harms 35 shot the inmate while to was attempting to escape They said Avellaneda first stopped when Harms fired a shot into the air but they say he was running backwards in an attempt to escape when Harms shot him in the forehead The second shot was only intended to disable the inmate officials said Some inmates say the prisoner began running after Harms ran into him with the hone he was riding' "The inmate ran from a 900-pound said inmate Marshall Jackson The mmntaa were working on a hoe squad at the time of the shooting in an open field Harms who has worked fig Texas Department of Criminal Justice for 17 months was unavailable for mmmant the newspaper reported The day after the shooting pris enough to Illustrating his point Holder told the story of how Moses who fled after killing an Egyptian who was persecuting a Jew later led his people out of bondage Goff argued not enough mitigat-ing evidence was available for leniency in sentence encouraging jurors to examine the information presented for their answers Citing opposing arguments ranging from alleged mental and reasoning abilities to the fact that he was Mack Goff said none of the conditions indicated a sentence less than death should be pursued Goff cited a list of "60 anti-social not all violent he said indicated a "pattern of that would be conducive to labeling Interstate 20 When she jerked the wheel to avoid a collision the van swerved into the median and then bach onto the pavement sending it intoarolL The daughter now lly suffered mental impairment from which she is not expected to recover She was not wearing a seat belt The Wilcaxens contended Fbrd was negligent for the AsrostarV design and for a lack of proper testing of the vehide Ford countered the only negligence was that ofthe trade driven tm Colormsker Premium Fertiliser Cnm 5000 tpumfitt Qomm Center Drive 695-4040 3 itssii toafei 1 Court rejects claim that defects in vehicle caused rollover Lawyer: Ford is not responsible for what happened SHOPPED FURNITURE LATELY KNOW WHAT YOU'RE MISSING! SELL A By ANTHONY WILSON Staff Writer A federal court jury rejected a Cisco couple's claim that design defects in a Fbrd minivan caused a violent rollover that resulted in thejr young brain dam- Brad and Sharon Wilcoxen sought unspecified damages from the Fbrd Motor Co fix' damages suffered in the Dec 21 1992 accident The accident was caused by an 18-wtoeler cutting off Mrs Wilcoxen as she (hanged larw on oners Jackson and Carlos Swist filed grievances the newspaper reported Swist who is serving 10 years for possession of cocaine wrote that to Officer Harms use excessive force to gain compliance from an inmate which resulted in the shooting death of the Jackson filed a similar grievance listing the names of 12 other inmates who saw the shooting Both received tto same response from officials: The treatment of other inmates is none of your concern Grievance Officials say the TDCJ internal affairs department and Texas Rangers investigated the shooting They've seen nothing that would tell them not a legitimate shooting" Gary Johnson head of the TDCJ institutional division said Fitts dangerous alleged propensities toward weaponry and violence both in and out of correctional facilities and programs plus what Goff called evidence of a Tack of indicated future acts of aggression or criminal activity were possible he said He told jurors the 40 years Fitts would have to serve was to provide restitution for tfw grime wwnmittod District Judge Billy John Edwards was assigned to hear the case because the Hockley County judge had prior dealings with the defendant Edwards moved the case to Taylor County because of widespread knowledge about the case in Levelland In dosing arguments Houston attorney Russ Cook the lawyer said the' vehicle failed tto industry standard of sliding across flat level pavement instead of rolling over Adequate testing would have revealed the detect Cook argued The only testing done was by the customers after the vehicle was -sold" Cook told jurors Wilcoxen tested this vehicle and it i failedAfter the loss of control die i was an her i Ford attorney' Bill Conroy of 1 Philadelphia countered that Mrs WDcanenh accident wasn't an a flat paved surface but in a bumpy grassy median He noted the van didn't roll until its front wheel smacked back into the asphalt Conroy recalled that experts testified most vehicles would've rolled under the same conditions The trade was the cause of this accident hnd is 100 percent responsible ter what happened he argued fYou cannot compromise justice Fjord is not responsible even 1 percent for what happened The I family sued Rita Transportation the trucking company shortly after the accident and settled the suit for an undisclosed sum- -Testimony showed the Wikaxens let their children ride in another family Aeroatar after the accident makes you wonder doesn't Conroy asked you think something is so dangerous why under any circumstances would you let your children back in that vehicle? It just consistent Actions speak the KTAB-TV to be sold Documents are expected to be filed next week with the Federal Communications Commission initi-ating tire sale of KTAB-TV The Abilene television station is the last holding of Shamrock Broadcasting Inc owned by Roy Disney of the Walt Disney family Statical spokesman Ron Jones said Friday that since Disney purchased the American Broadcasting Carpi last yeai Shamrock has been Belling off its assets FCC regulations limit ownership of broadcast facilities to covering less than 35 percent of the US population Because Disney will serve on the board of directors the Shamrock holdings would be counted against Disney-ABC he said Jones rould not reveal the name of tire potential purchaser of the station i For home delivery call 673-4284 AbiauReponaNem By BRIAN BETHEL Staff Writer A Levelland man was sentenced to life in prison Friday in a Taylor County District Court JJX Fitts Jr 23 faced lethal iqjectkm for the shooting death of Ronnie Walls a Levelland convenience store clerk during what was apparently a batched robbery in late November: Tnataad jurors gave Fitts the more lenient life sentence of which he will have to serve at least 40 years One other person was injured during the shooting incident and two other men were charged During his ringing arguments Fitts' attorney Floyd Holder encouraged jurors to overcome any THON INTEREST Vkl Harri Texas with cal ance 8 1 1 GARDEN CENTER Garden Mums Red yellow white pink nnh purple 6 Reg $3 52" purtbu 5 tr MONTH IF YOU HAVEN'T YOU DON'T SOFA PLUS 12 latch the Parade at EasyMTermsWFneelDelivery li FURNITURE 1200 1st Street 677-3781 4142 Ridjjemont 1 A A Today jjfccLEROY Van Dyke the 8 9:30 on free Auctioneers Concert outdoor stage I 1 County Epo Center Abilene Through Sept 14 jtfec Downtown Parade at 10:50 am JcJjiAir Force Thunderbird pilots sign AUTOGRAPHS FROM 5-6 PM WpstTwnc open 8i AM-11 pm Earn ft Dntin OPEN 1 -MIDNIGHT yjflll a lilllllr Taylor Students $2 Adults $5 5:30 tonight onKIDZ-KIDY channels 54 6 i 0W IWNifMlf US.